Greencard/I485 Questions, Help!

F

Frank2k6

Registered Users (C)
So here is the deal.

-Applied over a year ago
-Got my finger prints done and stuff
-Got the Employment Card (I512 advance parole)
-But still have not received the green card.

Now here are some of the facts.
-When I had applied, my gender was put to Female and I am a Male. It was later corrected after I received the employment card/advance parole although after that, it has been back and forth with what happened to my case.

-On another note, I had a marijuana charge 4 years ago that was settled and supposed to be cleared from my record.

I received a letter on the 19th of July for an 'interview' on August 21.
What is this interview all about? Me and my sister applied for the green card at the same time and she had received hers in almost half the time.

Any insight on if this interview will finally move my case forward?
 
Not enough information. There may be legitimate reasons for your delay such as retrogression or other eligibility issues.

What is the basis of your green card? Diversity lottery? Your parent obtained a green card through employment and added you as a derivative? Or your parent obtained a green card through their US citizen sibling (your aunt or uncle), and added you? Your US citizen parent directly filed for you? Did your sister obtain her green card through the same sponsor and category as yours? Are you under 21? Is she under 21? Are you married?

-On another note, I had a marijuana charge 4 years ago that was settled and supposed to be cleared from my record.
Click to expand...
If you were convicted or otherwise received punishment such as a fine or community service, it won't be cleared from your record for immigration purposes. USCIS can see expunged records and treats them as if the expungement didn't happen.
 
Last edited by a moderator:
Jackolantern said:
Not enough information. There may be legitimate reasons for your delay such as retrogression or other eligibility issues.

What is the basis of your green card? Diversity lottery? Your parent obtained a green card through employment and added you as a derivative? Or your parent obtained a green card through their US citizen sibling (your aunt or uncle), and added you? Your US citizen parent directly filed for you? Did your sister obtain her green card through the same sponsor and category as yours? Are you under 21? Is she under 21? Are you married?


If you were convicted or otherwise received punishment such as a fine or community service, it won't be cleared from your record for immigration purposes. USCIS can see expunged records and treats them as if the expungement didn't happen.
Click to expand...

So even if it was expunged, is that basis for being denied outright? I would assume no, or they wouldn't have asked for an interview right?

As for an update, 2 more notices came in. One stated that the interview was either cancelled or is being rescheduled and the second letter said to bring any criminal information.
 
Also, at the end of the interview would they let me know if I was denied or approved?

And if I was denied, am I just out of luck for ever being approved because of an expunged record?
 
Frank2k6 said:
So even if it was expunged, is that basis for being denied outright? I would assume no, or they wouldn't have asked for an interview right?
Click to expand...

Even if you are deniable they'll still give you an interview so you have a chance to defend or explain yourself.

You haven't answered any of the questions I asked above -- answers to those questions affect your eligibility and timing and may explain why your sister has a green card and you don't.

And if I was denied, am I just out of luck for ever being approved because of an expunged record?
Click to expand...
If denied because of your criminal record, you can appeal. But you won't win the appeal if the specific crime is serious enough to make you inadmissible. In that case you would have to apply for a waiver of inadmissibility, which is very difficult to get.
 
The basis of my greencard is my american visa expires next year. No lottery. I'm pretty sure my parents do not have a green card. My mom works for the world bank and I believe is under a G4 status. I have 2 younger brothers that are citizens, and my sister who got her green card is 25. I am 24. Yes me and my sister filed our green card the same way. No I am not married.

My mother had someone (a professional I assume) else file all the paper work, which is why she messed up my gender. Which was only realized after my Advance Parole Card came in. It came in as female, and was later corrected and they had sent me a new advance parole card with the correct gender. After that my sister got her green card in a timely manner while mine was still 'being processed'. At which point I eventually received those letters about the interview.

I'm Indian nationality and have lived here since I was 4 also.
The drug charge was about 3 years ago and was 'nolle prosequi' which google tells me the charges were never prosecuted.
Since then i've completed 2 years of college in Canada and was unable to return because I've been waiting for this green card.

I also just found out that the drug charge has not yet been expunged. I will have to go to the courts this week to take care of that.
But I do have letters saying that the charges were 'nolle prosequi' and that I could expunge it. Chances are now that at the time of the interview, my record will probably not show as expunged because I read it takes about 90 days to process.
 
Last edited by a moderator:
Frank2k6 said:
The drug charge was about 3 years ago and was 'nolle prosequi' which google tells me the charges were never prosecuted.
Click to expand...
Good. Nolle prosequi doesn't count as a conviction for immigration purposes, although the fact of your arrest could cause some delays while they investigate and review the case.

Since then i've completed 2 years of college in Canada and was unable to return because I've been waiting for this green card.
Click to expand...
Are you in Canada now? After your I-485 was filed, did you take several trips back to the US using Advance Parole every time? If you stay outside the US after the Advance Parole expires, or leave the US before Advance Parole is approved, that voids your I-485 case (although the denial may occur after the interview). To continue the case you would have to file I-824 to transfer it outside the US to a consulate. However things might be a bit more complicated than that, since your green card eligibility is based on a special provision for children of diplomats, and different rules may apply. You need to get an immigration lawyer and give them all the documents you have and tell them everything you know about your case.

I also just found out that the drug charge has not yet been expunged. I will have to go to the courts this week to take care of that.
But I do have letters saying that the charges were 'nolle prosequi' and that I could expunge it. Chances are now that at the time of the interview, my record will probably not show as expunged because I read it takes about 90 days to process.
Click to expand...
Expungement doesn't help anyway for immigration, since they see expunged cases as if the expungement didn't happen. It's the nolle prosequi that will save you.
 
Last edited by a moderator:
No I am not in Canada now or have been in the past 2 years because I did not want to risk any further problems so I stayed in the States while the process was happening. Which is why I was unable to return to Canada to finish school.

As for the nolle prosequi, that is good to know. Thanks for your input, I will try to update this thread when I hear more for anyone else in similar situations.
 
You must log in or register to reply here.
Top